The new law of contractual discretion is developing apace. This article addresses three
major issues in this dynamic field. First, the article propounds an analytical framework for …

Long-term commercial contracts commonly grant one of the parties a discretionary power to
vary the contract in particular respects. In Australia, the exercise of discretionary contractual …

While judicial control of discretionary power is at the centre of administrative law, it is a topic
which has received little attention in contract. By tracing the development of the relevant …

This paper identifies the source, content and limits of the controls that might be imposed by a
court on the way a party exercises discretionary powers conferred under the terms of a …

All contract doctrines are excludable to varying degrees. One illuminating taxonomy would
classify contract law's rules according to how much party autonomy they allow. Some rules …

Since our 1st edn in 2012 the law has advanced apace in England and the Commonwealth,
both legislatively and in case-law. Part I has had to take on board a substantial overhaul of …

For many years, similarities have been noticed between the motivations for, and the
methods of, controlling the exercise of discretionary powers on the one hand, in public law …

THIS PAPER HAS evolved from my comments on Mr J Wightman's conference J? aper
which now forms chapter 5 of this book. That paper does an excellent job defining the …

A bargain entered into under duress is not enforceable.'This simple principle raises two
related questions I will address in this paper. First, what is duress for the purpose of contract …

I propose the view that the law affects economic efficiency by shaping contractual litigation
and contracting as a result. I build a model where judges subject to personal biases try to …